This bill amends the Nebraska Criminal Code to enhance the legal framework addressing offenses related to skimmer devices and organized retail crime. It introduces new definitions and penalties for the unlawful installation and use of skimmer devices on automated banking devices and point-of-sale terminals, categorizing violations based on the value of money or property obtained. Specifically, unauthorized installation of a skimmer device is classified as a Class IV felony, while using such a device can lead to felony charges ranging from Class IIA to Class II misdemeanors, depending on the value involved. The bill also establishes criteria for engaging in a continuing criminal enterprise related to financial transaction offenses, with penalties that escalate based on the scale of the operation.
Additionally, the bill creates the Financial Fraud Victims' Reimbursement Fund, which will be administered by the Attorney General using assets forfeited from financial transaction offenses. Victims can apply for reimbursement for their losses, with the Attorney General determining eligibility and the extent of reimbursement. If applications exceed available funds, distribution will occur on a pro rata basis. The bill also mandates that any remaining funds after a specified period will be remitted to the State Treasurer, and it repeals original sections 28-618, 28-1601, 28-1602, and section 28-101 of the Revised Statutes Cumulative Supplement, 2024, indicating a significant update to the existing legal framework surrounding financial fraud victim reimbursements.
Statutes affected: Introduced: 28-101, 28-618, 28-1601, 28-1602
Final Reading: 28-101, 28-618, 28-1601, 28-1602
Slip Law: 28-101, 28-618, 28-1601, 28-1602